Retirement plans sometimes overpay retirees by mistake and then try to get the money back.
It is surprisingly common for retirement plans to accidentally overpay benefits to retirees. The Pension Rights Center regularly hears from retirees and widows or widowers whose retirement plans claim they were overpaid and are now trying to get the overpaid money back. In some cases, the retiree may have been aware that a mistake had been made and kept the money or provided incorrect information to the plan that caused the overpayment. But in most cases the retiree or widow(er) had no way of knowing about the overpayment. Often these errors go undiscovered for years, so by the time the plan notices the problem the overpayment has added up over a long period of time.
Retirement plans use a variety of tactics to try to reclaim overpaid benefits. If it is a pension plan, the plan can reduce a retiree’s future monthly benefit payments to offset what it has overpaid. In some cases, retirement plans threaten to sue retirees. In most cases, the retirees spent the money and are not in a position to repay the amounts that their retirement plans are demanding, which can sometimes be tens of thousands of dollars.
When a retirement plan tries to reclaim overpaid benefits from a retiree, this process is known as recoupment.
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Recoupment is currently legal. However, retirement plans sometimes claim that the IRS requires them to recover the overpayments from retirees. This is not true. Beginning in 2015, the IRS has consistently stated that retirement plans may recover overpaid benefits, but that they are not required to recoup overpayments from retirees. In addition a new law was passed in 2023 that created protections for retirees who have been overpaid. You can read about these consumer protections in our fact sheet.
When a married retiree in a pension plan dies, the retiree’s widow or widower is often entitled to a monthly survivor benefit for the remainder of the spouse’s life. The IRS takes the position that, if a retirement plan mistakenly overpays a retiree, the retirement plan may not try to recover that overpayment by reducing the spouse’s survivor benefit payments or demand that the spouse repay the plan. However, if a retirement plan makes a mistake in calculating the amount of the survivor benefit payable to the widow or widower, the plan may attempt to recoup that overpayment.
While recoupment is technically legal, the Pension Rights Center and the six federally funded pension counseling projects have often been able to stop retirement plans from recouping overpaid benefits from innocent retirees. In other cases, we have been able to negotiate with retirement plans to offer repayment options that were less financially harmful to retirees. If your retirement plan claims that it has overpaid you or your spouse and is now demanding repayment, you may want to reach out to one of the pension counseling projects or contact the Pension Rights Center to request free legal assistance.
Comments & Letters
08/11/22
The Pension Rights Center submitted comments to the IRS requesting the agency to include in its Priority Guidance Plan several items to better protect consumers, including: (a) directing plans to provide former employees who leave before retirement with a single complete statement of their earned benefits ; (b) asking the agency to rethink its position on allowing plans […]
Comments & Letters
03/29/22
PRC sent a letter to Chairman Neal and Ranking Member Brady of the House Ways and Means Committee in support of specific provisions of the Securing a Strong Retirement Act of 2022, including those related to recoupment and the Retirement Savings Lost and Found.
Comments & Letters
10/14/21
PRC submitted comments with Covington & Burling LLP to the IRS on Rev. Proc. 2021-30, which updated selected correction procedures for benefit overpayments under the Employee Plans Compliance Resolution System (“EPCRS”).
Blogs & Newsletters
08/13/21
By Emily Gilbert In my last blog post, I talked about how often we hear from people who cannot locate their retirement plans, and how Congress is taking steps to address this issue. Provisions related to lost retirement plans are included in legislation now pending in the Senate and House of Representatives. Two of these bills also […]
PRC In the News
07/29/21|CNBC
For some retirees, getting a large pension payment can become a big problem. Let’s say a pension plan mistakenly has been paying a participant too much and requires the person to pay back the money, typically through reduced future payments.
Blogs & Newsletters
08/06/18
By Karen Friedman This weekend’s edition of the Wall Street Journal features a front page article by Theo Francis highlighting pension plans’ practice of trying to recover money they have mistakenly paid their retirees, often years later when the retiree cannot afford to pay back the money. Although this practice, often called “recoupment,” has gone […]
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